Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3

Affected: IC 13-20; IC 36-9-30

Sec. 8. (a) The owner, operator, or permittee may develop a verification resampling and analysis plan that will provide verification that a preliminary exceedance has occurred in the concentration of one or more constituents during detection or assessment monitoring programs. This plan must:

1. (1) use the statistical procedures and performance standards described in section 6 of this rule to determine:

   1. (A) the number of resamples that must be collected for verification of a preliminary exceedance in constituent concentration; and
   2. (B) the number of resamples that must fail in order to verify the preliminary exceedance;
2. (2) identify the MSWLF-wide false positive rate and the per-comparison false positive rate;
3. (3) demonstrate that there is an acceptable balance between the false positive rate and the false negative rate;
4. (4) be approved by the commissioner prior to implementation; and
5. (5) after approval by the commissioner, be incorporated into the statistical evaluation plan.

(b) Until the owner, operator, or permittee obtains approval for a proposed verification resampling and analysis plan, a minimum of two (2) independent samples must be collected when verification of a statistically significant increase is attempted.

(c) Until the owner, operator, or permittee obtains approval for a verification resampling plan, the commissioner shall consider a preliminary exceedance to be verified if:

1. (1) any of the verification resamples confirm a statistically significant increase over background ground water quality; or
2. (2) the owner, operator, or permittee chooses not to institute a verification resampling program.

(d) Within fourteen (14) days following the verification resampling determination, the owner, operator, or permittee shall notify the commissioner of the following:

1. (1) The results of the verification resampling and analysis program.
2. (2) An intention, on the part of the owner, operator, or permittee to submit a demonstration pursuant to section 9 of this rule.

(e) The detection ground water monitoring program or the assessment ground water monitoring program shall continue throughout the verification resampling program. Progression to an assessment or corrective action ground water monitoring program shall be based on the verification resampling results, regardless of subsequent detection monitoring results if the verification resampling program extends into the next scheduled sampling event.

(f) Following the completion of a verification resampling program, a report must be submitted to the commissioner no later than sixty (60) days following the last verification resampling event or thirty (30) days prior to the next scheduled semiannual sampling event, whichever occurs first. This report must be written and include the following:

1. (1) All information required under section 1(s) of this rule.
2. (2) The date the commissioner was notified as required in subsection (d).

3. (3) Whether the ground water monitoring program will:

   1. (A) remain in detection monitoring or assessment monitoring;
   2. (B) advance into an assessment monitoring program; or
   3. (C) advance into a corrective action program.
4. (4) Whether the owner, operator, or permittee intends to make a demonstration pursuant to section 9 of this rule.
5. (5) Results of the verification resampling, including information required by section 1(s)(3) through 1(s)(5) of this rule.

(g) If verification sampling determines that a statistically significant increase did occur, the owner, operator, or permittee:

1. (1) must initiate an assessment ground water monitoring program that meets the requirements of section 10 of this rule or a corrective action program that meets the requirements of section 13 of this rule, whichever program is applicable; or
2. (2) may choose to make a demonstration pursuant to section 9 of this rule, while maintaining a detection monitoring program.

(h) The commissioner may approve an extension of the submittal deadlines required by subsection (f) if the owner, operator, or permittee:

1. (1) requests an extension; and
2. (2) provides an adequate explanation for the need of an extension.

(Solid Waste Management Division; 329 IAC 10-21-8; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1869; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2805; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3850; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1841, eff Apr 1, 2004; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)